H4 COS application in pending status, can I apply for extension of H4 and H4-EAD

USA H4 Visa
1

I have a confusing situation with my visa. Hoping to get an answer here. Here is a summary of my situation:

  • I was working on F-1 OPT valid till July 2019 with pending H-1B application.
  • H1-B got rejected in September 2019
  • Application for Change of Status(COS) to H4 was filed, with spouse’s H1-B visa being valid till January 20th, 2020
  • Spouse’s H1-B extension got applied by the end of November (NOT in Premium Processing) and my COS application is still pending.

  1. My question is, with my H4 COS application in pending status, can I still apply for extension of H4 and H4-EAD(spouse’s i-140 is approved)?

  2. If so, how would that work and what documents should I include in my extension application?

  3. If not, what is my fastest possible option for H4 and H4-EAD?

2
  1. Yes, you can apply for H4 extension and H4 EAD too…Make sure to submit all previous receipt notices to confirm, you are maintaining status.
  2. you would submit your proof of status and COS receipt notice. Also, include a letter stating that you are waiting for the COS approval, but in the meantime, you are applying this as your spouse H1B is extended.

Your fastest option is to get your spouse h1B approved in premium, you leave the country, get stamping done and re-enter.

3

Thank you for your reply.

My spouse’s H1-B visa based on which I filed for COS, would have already expired by the time my COS would be processed. Would that be a problem in the processing of extension?

4

No, it will not. That’s the reason, you are submitting that your spouse is filing extension and you are also waiting for the processing… Talk to your attorney on this.